Your Relationship with Community Service

Transcription

1 Your Relationship with Community Service Presented by: Tracie Glaeser, CMCC, CCM TMCEC Program Coordinator O Community Service Overview O Past, Present and Future O Legal Requirements O Orders, Process and Tools O Qualified Agencies & Problem Offenders O Creative Service Options-Brainstorm Community Service Comes in FOUR Flavors O A means for defendant to discharge fine and costs (Note: Community Service is as good as $$$) O A mandatory remedial measure (status offenses involving juveniles: MIP, DUI, MIC, Tobacco, etc.) O A reasonable condition of deferred disposition (Art (b)(10) CCP) O A means for defendant under age 17 to discharge fines and costs ( ) 10/14/2016 1

2 Past..Present..Future O Past O no reporting to OCA O no guidance specific to municipal court (pre-ccp45) O Present O media awareness & planning for the next unfunded mandate O Future O may become one of the most important issues in the next 5 years On the OCA Record When & How Art CCP O May require Community Service O Unable to pay O Failed to pay O All or Part O A written order is required O Hours ordered O May pay at any time to discharge the Community Service obligation 10/14/2016 2

3 Application of Hours Art CCP O Not less than $50 for each 8 hours worked O minimum CS wage-$6.25 ph. O what is your hourly rate? O No more than 16 hours per week O or two 8hr days of work O what is your work day rate?(1 hr. per day?) Use a Calculator! Where Art (c) CCP O Only for (a) governmental entity or (b) non profit organization O provides service to general public O enhances social welfare O well being of community O Must accept defendant O Agree to supervise O Report work to court 10/14/2016 3

4 Find Non Profits! This link will help you find non profits in your area Let s test it out! Liability Art CCP O Not Liable for damages related to labor performed by defendant under this article O sheriff/employees - O commissioner/county employees O county Judge/Justice of the Peace Liability Art CCP O Not Liable Continued O municipal judge O officer/employee of other political subdivision O Well unless it was reckless disregard for the safety of others!!! 10/14/2016 4

5 Monitor & Verify Reporting Requirements Only OCA, correct? O Requires # cases satisfied by partial & total community service O Why is this a problem? O Be prepared - create a report that shows O # cases ordered for CS O $ ordered for CS O # cases complete by CS O $ complete by CS Exercise OWhat is your current process OWhat you might change OHow do defendants apply for CS? OWhat will your Best Practices be? OWhat are the steps of your CS process? 10/14/2016 5

6 CASE NUMBER: «CASE_NBR» CITATION NUMBER: «TICNUM»-«VIOL»-«OCCUR» STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF LEWISVILLE «FName» «MName» «LName» DENTON COUNTY, TEXAS «Name_Suffi» COMMUNITY SERVICE ORDER ON «Judged_Dt» the Defendant in the above styled and numbered case personally appeared and, having been found guilty by the Court, was assessed a fine and costs in this case in the amount of $«Balance». The Court, having determined that the Defendant has insufficient resources to pay said fine and costs, hereby ORDERS the Defendant to discharge the (entire) (remaining) balance of the fine and costs owed in this case by performing community service as follows: The Defendant shall complete a total of hours of community service for a governmental entity or nonprofit organization that provides services to the general public that enhance the social welfare and general well-being of the community and shall submit proof of completion of said hours to the Court no later than 4:00 p.m. on, 20. The Court herby finds that performing more than sixteen (16) hours of community service per week (will) (will not) work a hardship on the Defendant. The Defendant shall be considered to have discharged $75.00 of fines or costs for each eight (8) hours of community service performed. The Defendant has been admonished that failure to perform the community service hours hereby Ordered within the time period designated is a violation of this order and is grounds to hold the Defendant in Contempt of Court which may result in the Defendant s incarceration. Signed on October 13, 2016 Judge Presiding DEFENDANT S PROMISE TO APPEAR I understand that I must present proof of compliance with the Court s Order of Community Service to the Lewisville Municipal Court Clerk no later than the date ordered above. If I fail to present said proof as ordered, I promise to appear before the Court at «Trial_Tm» on, 20 to show cause why I failed to comply with the Court s order. I understand that if I fail to present proof of compliance or fail to appear as promised, a Capias Pro Fine for my arrest may be issued and additional fees may be assessed against me. Witness my hand on October 13, Defendant DRESS CODE IN EFFECT: No person wearing shorts, halter tops, bathing suits or immodest, offensive or revealing clothing will be allowed to enter the courtroom. All persons are subject to search. No chewing gum, food or drinks are allowed in the courtroom. Revised 10/22/14 10/14/2016 6

7 CASE NUMBER: «CASE_NBR» CITATION NUMBER: «TICNUM»-«VIOL»-«OCCUR» STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF LEWISVILLE «FName» «MName» «LName» «Name_Suffi» DENTON COUNTY, TEXAS DEFENDANT S ACKNOWLEDGEMENT OF CONDITIONS OF COMMUNITY SERVICE By my signature below, I understand that I must complete all assigned community service hours before the due date ordered by the court. I further understand that if I commit any violation of the law while performing community service or if I fail to comply with any reasonable rule or regulation imposed by the individual service agency for whom I am working, including tardiness or absence from scheduled performance times, I may be prohibited from continuing/completing the service hours with the designated agency. If I am removed from a community service agency for any of the above reasons, I understand that I will be responsible to pay the outstanding fine and costs immediately and if I fail to pay, a capias pro fine will be issued for my arrest. I hereby authorize the agency for which I perform community service to release to the Lewisville Municipal Court information about my service sufficient to verify completion of the hours ordered by the court. Signature of Participant October 13, 2016 Date WAIVER AND RELEASE As a participant in community service for the City of Lewisville, I understand that I have been permitted to complete community service hours in lieu of paying monetary fine(s) and costs which were imposed by the Lewisville Municipal Court and which are sought or ordered in accordance with Article , C.C.P. and the laws of the State of Texas. My activity in this regard will involve participation in a community serve program, agency or activity. On behalf of myself, my heirs and assigns and my personal representatives and/or executors, I hereby release, discharge, indemnify and hold harmless, individually and jointly, the community service agency, its agents, officers, directors, representatives and employees, and the City of Lewisville, Texas, its agents, officers, representatives and employees, from and against any and all claims, demands, actions, causes of action, liabilities, damages, personal injuries, including death and property damage or loss, or loss of any kind, nature of cause, including costs and attorneys fees, in connection with or arising out of my participation and/or performance of community service. Signature of Participant October 13, 2016 Date Revised 10/22/14 10/14/2016 7

8 CASE NUMBER: «CASE_NBR» CITATION NUMBER: «TICNUM»-«VIOL»-«OCCUR» STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF LEWISVILLE «FName» «MName» «LName» «Name_Suffi» DENTON COUNTY, TEXAS COMMUNITY SERVICE TIME SHEET While performing community service, you shall comply with the following conditions: Contact the service provider within 7 days of this Order to arrange community service; Arrive on time and obey the site supervisor; Do not carry any sort of weapon; Do not deliberately destroy or deface any property or valuable thing of the agency; Wear appropriate clothing to work; Never accept tips or cash from anyone in association with the community service; Do not leave the worksite without permission; Do not use abusive or obscene language; Timely request an extension of time to complete community service, if needed; Contact the Municipal Court with any questions. Defendant shall complete hours of community service no later than. The above listed rules are part of this Community Service Order and failure to comply with any of these rules may result in removal from community service, the denial of credit for any service hours performed, a warrant being issued for your arrest and/or incarceration for failure to comply with a court order Proof of Compliance must meet the following requirements 1. Typed-written letter from the agency where the service was performed establishing it as a government entity or non-profit organization; 2. Signed by authorized personnel and accompanied by a telephone number to verify service hours; 3. Including the dates of service, hours served, and a brief description of the service performed; 4. Submitted to the Court no later than the date indicated above. If you have questions or problems, please contact the Lewisville Municipal Court Clerk s office between 7:30 a.m. and 4:00 pm Monday through Friday at (972) WARNING! Filing false information with the Court is a Class A Misdemeanor punishable by up to one year in jail, a maximum fine up to $4,000, or both. Any attempt to commit fraud by submitting false information to the Court will be referred to the Denton County District Attorney s Office for criminal prosecution Revised 10/22/14 10/14/2016 8

9 LEWISVILLE MUNICIPAL COURT APPROVED COMMUNITY SERVICE AGENCIES Agency Lewisville Parks Department Parks Maintenance 325 Treatment Plant Rd. Lewisville, TX (972) Lewisville Public Library 1197 W. Main St., Lewisville, TX (972) Lewisville Recreation Center 2 locations in Lewisville (972) (CCA) Christian Community Action 200 S. Mill St. Lewisville (972) or 4301 communityservice@ccahelps.org The Salvation Army Michael Raven 207 Elm St., Lewisville, TX (972) ext. 202 Goodwill Industries 919 W. Main Lewisville (972) or ext. 241 Humane Society of Lewisville (972) Spirit Horse Therapeutic Riding Center 1960 Post Oak Drive Corinth, Texas (940) Advocacy & Pregnancy Center 817 S. Mill St. #112 Lewisville (972) Agency Description Park Maintenance Duties Work with park crew maintaining parks Offenses Not Accepted Accepts all offenses Library Various No Theft Cases Minimum # of hours: 20 Recreational Center/Activities Food Pantry/Resale Assistance for those in need Assistance for those in need Animal protection & advocacy Therapeutic horseback riding services Crisis Pregnancy Center Various as needed Various Sorting donations, light office, pantry Resale store Animal care Stable cleaning, animal care, call for more information Clerical, sorting clothing Check with agency Accepts all Offenses Accepts all Offenses Check with agency Accepts all Offenses Accepts all Offenses Hours most likely Available Seven days a week, 7:00 a.m. until 3:30 p.m. ***An orientation session required prior to acceptance and authorization to begin Weekends & after school Must pass a screening quiz before hours are scheduled Special events as needed Enjoy working with children Call for information Mon-Friday 8:00 12:00 Saturday 1:00-4:30 Call for information 1 st & 3 rd Sat. of month at Adopt-a-Pets Call for information No Theft Cases Mon. 10-6, Tue-Wed 10-6, Thur. 12-6, Fri-Sat 10-2 Call for information Revised 10/22/14 10/14/2016 9

10 Agency Camp Summit 921 Copper Canyon Rd., Argyle, TX (972) ext. 102 Agency Description Outdoor camp for people with disabilities Duties Work depending on staff availability Offenses Not Accepted No Assault Offenses Hours most likely Available Mon-Fri 9 a.m. to 5 p.m. Weekends 9 a.m. to 5 p.m. Call for appointment Denton County Children s Advocacy Center (DCCAC) 1960 Archer Ave., Lewisville, TX (972) Denton County Mental Health & Mental Retardation (MHMR) Offices in Lewisville and Denton (940) Denton County Habitat for Humanity (940) Non-profit agency for child abuse victims Mental Health Clinic Home building for low-income families/work in Resale Stores Mostly help with special projects Assisting therapists, light clerical, arts & crafts Light construction, clean-up Accepts all Offenses Accepts all Offenses No Assault offenses Mon-Fri 8:00 am to 5:00 p.m. Call for Appointment Mon-Fri 8:00 am to 5:00 pm Call for Appointment Call for information Keep Lewisville Beautiful 189 Elm Street #106 Lewisville, TX (972) info@keeplewisville beautiful.org Lewisville Senior Center 1950 S. Valley Pkwy. Lewisville (972) Association for beautification of Lewisville Center for Senior citizens Call for information Assist in setting up for special events No Theft or Drug offenses No Theft or Assault Call for information Depends on events scheduled Call for information Revised 10/22/14 10/14/

11 Art COMMUNITY SERVICE IN SATISFACTION OF FINE OR COSTS. (a) A justice or judge may require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the court to have insufficient resources or income to pay a fine or costs, to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed. (b) In the justice's or judge's order requiring a defendant to participate in community service work under this article, the justice or judge must specify the number of hours the defendant is required to work. (c) The justice or judge may order the defendant to perform community service work under this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community. A governmental entity or nonprofit organization that accepts a defendant under this article to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the justice or judge who ordered the community service. (d) A justice or judge may not order a defendant to perform more than 16 hours per week of community service under this article unless the justice or judge determines that requiring the defendant to work additional hours does not work a hardship on the defendant or the defendant's dependents. (e) A defendant is considered to have discharged not less than $50 of fines or costs for each eight hours of community service performed under this article. (f) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county is not liable for damages arising from an act or failure to act in connection with 10/14/

12 manual labor performed by a defendant under this article if the act or failure to act: (1) was performed pursuant to court order; and (2) was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. (g) This subsection applies only to a defendant who is charged with a traffic offense or an offense under Section , Alcoholic Beverage Code, and is a resident of this state. If under Article (b)(10), Code of Criminal Procedure, the judge requires the defendant to perform community service as a condition of the deferral, the defendant is entitled to elect whether to perform the required governmental entity or nonprofit organization community service in: (1) the county in which the court is located; or (2) the county in which the defendant resides, but only if the entity or organization agrees to: (A) supervise the defendant in the performance of the defendant's community service work; and (B) report to the court on the defendant's community service work. (h) This subsection applies only to a defendant charged with an offense under Section , Alcoholic Beverage Code, who, under Subsection (g), elects to perform the required community service in the county in which the defendant resides. The community service must comply with Sections (d) and (e), Alcoholic Beverage Code, except that if the educational programs or services described by Section (e) are not available in the county of the defendant's residence, the court may order community service that it considers appropriate for rehabilitative purposes. (i) A community supervision and corrections department or a court-related services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article. 10/14/

13 Added by Acts 1993, 73rd Leg., ch. 298, Sec. 1, eff. May 27, Renumbered from Vernon's Ann.C.C.P. art and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1, 1999; Subsec. (e) amended by Acts 2003, 78th Leg., ch. 209, Sec. 66(a), eff. Jan. 1, Amended by: Acts 2007, 80th Leg., R.S., Ch (H.B. 3692), Sec. 5. Acts 2007, 80th Leg., R.S., Ch (H.B. 3060), Sec. 17, eff. September 1, Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec (2), eff. September 1, Art WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT DEFENDANTS AND CHILDREN. A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of a fine or costs imposed on a defendant who defaults in payment if the court determines that: (1) the defendant is indigent or was, at the time the offense was committed, a child as defined by Article (h); and (2) discharging the fine and costs under Article or as otherwise authorized by this chapter would impose an undue hardship on the defendant. Added by Acts 2007, 80th Leg., R.S., Ch (H.B. 3060), Sec. 18, eff. September 1, Amended by: Acts 2013, 83rd Leg., R.S., Ch (S.B. 395), Sec. 4, eff. September 1, Acts 2013, 83rd Leg., R.S., Ch (S.B. 393), Sec. 6, eff. September 1, Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 1 10/14/

14 For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 1, see other Art Art COMMUNITY SERVICE OR TUTORING IN SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or costs for a Class C misdemeanor occurring in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense. (b) A justice or judge may require a defendant described by Subsection (a) to discharge all or part of the fine or costs by performing community service or attending a tutoring program that is satisfactory to the court. A defendant may discharge an obligation to perform community service or attend a tutoring program under this article by paying at any time the fine and costs assessed. (c) In the justice's or judge's order requiring a defendant to participate in community service work or a tutoring program under this article, the justice or judge must specify the number of hours the defendant is required to work or attend tutoring. (d) The justice or judge may order the defendant to perform community service work under this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community. A governmental entity or nonprofit organization that accepts a defendant under this article to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the justice or judge who ordered the community service. (e) A tutoring program that accepts a defendant under this article must agree to supervise the defendant in the attendance of the tutoring program and report on the defendant's work to the justice or judge who ordered the tutoring. 10/14/

15 (f) A justice or judge may not order a defendant to perform more than 16 hours of community service per week or attend more than 16 hours of tutoring per week under this article unless the justice or judge determines that requiring additional hours of work or tutoring does not cause a hardship on the defendant or the defendant's family. For purposes of this subsection, "family" has the meaning assigned by Section , Family Code. (g) A defendant is considered to have discharged not less than $50 of fines or costs for each eight hours of community service performed or tutoring program attended under this article. (h) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, officer or employee of a political subdivision other than a county, nonprofit organization, or tutoring program is not liable for damages arising from an act or failure to act in connection with an activity performed by a defendant under this article if the act or failure to act: (1) was performed pursuant to court order; and (2) was not intentional, grossly negligent, or performed with conscious indifference or reckless disregard for the safety of others. (i) A local juvenile probation department or a courtrelated services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article. Added by Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 1, eff. September 1, Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 1 For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 1, see other Art /14/

16 Art COMMUNITY SERVICE IN SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or costs for a Class C misdemeanor. (b) A justice or judge may require a defendant described by Subsection (a) to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed. (c) In the justice's or judge's order requiring a defendant to perform community service under this article, the justice or judge shall specify the number of hours of service the defendant is required to perform and may not order more than 200 hours of service. (d) The justice or judge may order the defendant to perform community service work under this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community. A governmental entity or nonprofit organization that accepts a defendant under this article to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the justice or judge who ordered the community service. (e) A justice or judge may not order a defendant to perform more than 16 hours of community service per week under this article unless the justice or judge determines that requiring additional hours of work does not cause a hardship on the defendant or the defendant's family. For purposes of this subsection, "family" has the meaning assigned by Section , Family Code. (f) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county is not liable for 10/14/

17 damages arising from an act or failure to act in connection with community service performed by a defendant under this article if the act or failure to act: (1) was performed pursuant to court order; and (2) was not intentional, willfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. (g) A local juvenile probation department or a courtrelated services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article. Added by Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 1, eff. September 1, /14/